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Mthwakazi activist released after state abuse
18 hrs ago |
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A Mthwakazi Republic Party (MRP) activist has been released unconditionally after the State withdrew a cyber-bullying charge against him before trial proceedings could commence on Friday, December 19, 2025.
Lwazi Khanye, who was represented by his lawyer Nqobani Sithole, had been charged under Section 164B of the Criminal Law (Codification and Reform) Act, read together with the Cyber and Data Protection Act.
The charge arose from a video Khanye posted on his personal Facebook account in which he documented finding a photograph attached to a tree at a bushy, undesignated shrine. The image was reportedly tied with a red cloth, woollen strings and needles.
Following the publication of the video, individuals identifying themselves as users and leaders of the shrine lodged a complaint with police, alleging that the video amounted to cyber-bullying and was posted with malicious intent to damage the reputation of their church. The shrine leaders were cited as the formal complainants.
However, the matter was reviewed by prosecutors and was found to be inadmissible for court proceedings, leading to the State's decision to withdraw the charge before the hearing began.
Despite the withdrawal, officers from the Criminal Investigation Department (CID) seized Khanye's mobile phone, indicating that it was required for further examination as part of ongoing investigations. Khanye was informed that he could be summoned again should additional evidence emerge.
In a statement following the court outcome, the Mthwakazi Republic Party described the withdrawal of the charge as a victory for constitutional rights and freedom of expression.
The party said the decision affirmed that the criminal justice system should not be used to pursue unsubstantiated allegations or to suppress constitutionally protected expression. It added that it remained committed to defending its members against what it described as arbitrary arrests, selective enforcement and the misuse of cybercrime legislation.
The police and the National Prosecuting Authority did not immediately comment on the matter.
Lwazi Khanye, who was represented by his lawyer Nqobani Sithole, had been charged under Section 164B of the Criminal Law (Codification and Reform) Act, read together with the Cyber and Data Protection Act.
The charge arose from a video Khanye posted on his personal Facebook account in which he documented finding a photograph attached to a tree at a bushy, undesignated shrine. The image was reportedly tied with a red cloth, woollen strings and needles.
Following the publication of the video, individuals identifying themselves as users and leaders of the shrine lodged a complaint with police, alleging that the video amounted to cyber-bullying and was posted with malicious intent to damage the reputation of their church. The shrine leaders were cited as the formal complainants.
Despite the withdrawal, officers from the Criminal Investigation Department (CID) seized Khanye's mobile phone, indicating that it was required for further examination as part of ongoing investigations. Khanye was informed that he could be summoned again should additional evidence emerge.
In a statement following the court outcome, the Mthwakazi Republic Party described the withdrawal of the charge as a victory for constitutional rights and freedom of expression.
The party said the decision affirmed that the criminal justice system should not be used to pursue unsubstantiated allegations or to suppress constitutionally protected expression. It added that it remained committed to defending its members against what it described as arbitrary arrests, selective enforcement and the misuse of cybercrime legislation.
The police and the National Prosecuting Authority did not immediately comment on the matter.
Source - Southern Eye
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